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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
Surja Ram – Appellant
Versus
State – Respondent
Judgment :
1. By way of filing the instant criminal revision petition, a challenge has been made to the order dated 22.08.2007 passed by the learned Additional Session Judge, Sujangarh, District Churu in Criminal Appeal No.12/2007 (12/1999) whereby the learned appellate Court partly allowed the appeal filed against the judgment of conviction dated 19.07.1999 passed by the learned Civil Judge (Jr. Div.) & Judicial Magistrate, First Class, Sujangarh, in Criminal Case No.232/1990 and while setting aside the conviction of the petitioner for offence under Section 3/181 of MV Act, affirmed his conviction for offence under Sections 279, 304A IPC. Details of the sentence is as under :-
| Offence | Sentence |
| Sec. 279 IPC | 6 months SI and fine of Rs.500/-, in default of payment of fine to further undergo 15 days SI |
| Sec. 304A IPC | 2 years SI and fine of Rs.2,000/- in default of payment of fine to further undergo 15 days SI |
2. Both the sentences were ordered to run concurrently and the period spent in judicial custody shall be adjusted in the original imprisonment.
3. The gist of the prosecution story is that on 10.05.1990, complainant Tolaram gave an oral information to SHO, PS Sandwa to the effect that a pr
The court may reduce a sentence based on the accused's age, hardship, and the duration of the trial, while maintaining the conviction.
The court upheld the conviction but reduced the sentence based on the petitioner's personal circumstances and time served, emphasizing the need for a just punishment.
The court upheld the conviction but modified the sentence to the time already served, considering the petitioner's circumstances and the lengthy trial duration.
The court upheld the conviction for negligent driving but modified the sentence to time already served, considering the petitioner's socio-economic background and the duration of the trial.
Court upheld conviction for reckless driving but modified sentence based on humanitarian grounds considering age and time served.
The court established that in cases of negligence leading to death, the sentence can be adjusted based on the defendant's personal circumstances and the duration of the legal proceedings.
The court modified the sentence to the time already served, considering the petitioners' socio-economic status and the lengthy trial process.
The court affirmed the conviction but modified the sentence to the time already served, emphasizing the need for a just and reasonable sentence considering the petitioner's circumstances.
The court affirmed the conviction but modified the sentence to reflect the time served, considering the petitioner's personal circumstances and hardships.
The court upheld the conviction for negligent driving but reduced the sentence to the time already served, considering the petitioner's age and circumstances.
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